What is the topic of section 5.7 in the Azal Coffee franchise agreement?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
nual program of training for your management and staff personnel in accordance with our specifications.
7.3 Additional Training, Sales Programs and Meetings.
A Designated Owner (or, if specified by us, the General Manager or other management employees) must, solely at your expense, attend additional training, sales programs, and meetings reasonably specified by us, including regular periodic franchise meetings if specified by us. We will give reasonable notice of any additional specified training, sales programs, and meetings. We may require you to pay a reasonable charge for any training provided to you and/or your managers beyond the initial training program described in Section 7.1. Any fees we charge will be uniform as to all persons attending additional training at that time. We may require that you complete additional training before offering new Authorized Products from the Franchise Business.
We may require that your managers, including replacement managers in the event any previously trained manager-level employees are no longer employed at the Franchise Business, satisfactorily complete our training programs and additional training programs. We may charge reasonable fees for training managers. You are responsible for paying the wages or salaries, expenses for travel, food and lodging incurred by your employees during all training courses and programs. You agree to assist us in training other Azal Coffee franchisees; provided that, we must reimburse you for any expenses you incur in providing this assistance.
If you or your management personnel fail to attend required additional training without our consent, we may charge you liquidated damages under Section 15.7.
If you request additional assistance at any time, you will be responsible for our trainer's per diem fee and related travel costs. You must also pay wages, employment related expenses, travel, and living expenses for your employees. If we, in our sole discretion, complete the opening assistance and training and determine that your management staff needs additional training, you are responsible for the additional training costs, including wages, travel, and living expenses of our staff. If you or any member of your team fails to complete the training program to our satisfaction, in our sole and unfettered judgment, we may terminate this Agreement.
We will not be obligated to continue any specific ongoing training or advice we provide based on course of dealing or otherwise. We may discontinue or modify any ongoing training or advice at any time.
ARTICLE 8 – OPERATIONS AND SYSTEM STANDARDS
8.1 Continuing Operations and Best Efforts.
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2024 FDD)
Based on the 2024 Azal Coffee Franchise Disclosure Document, there is no mention of a section 5.7. However, section 7.3 discusses additional training, sales programs, and meetings. A Designated Owner (or, if specified by Azal Coffee, the General Manager or other management employees) must, solely at the franchisee's expense, attend additional training, sales programs, and meetings reasonably specified by Azal Coffee, including regular periodic franchise meetings if specified by them. Azal Coffee will give reasonable notice of any additional specified training, sales programs, and meetings and may require the franchisee to pay a reasonable charge for any training provided to them and/or their managers beyond the initial training program. Any fees Azal Coffee charges will be uniform as to all persons attending additional training at that time, and they may require that the franchisee complete additional training before offering new Authorized Products from the Franchise Business.
Azal Coffee may require that the franchisee's managers, including replacement managers in the event any previously trained manager-level employees are no longer employed at the Franchise Business, satisfactorily complete their training programs and additional training programs. Azal Coffee may charge reasonable fees for training managers. The franchisee is responsible for paying the wages or salaries, expenses for travel, food and lodging incurred by their employees during all training courses and programs. The franchisee agrees to assist Azal Coffee in training other Azal Coffee franchisees; provided that, Azal Coffee must reimburse them for any expenses they incur in providing this assistance.
If the franchisee or their management personnel fail to attend required additional training without Azal Coffee's consent, they may charge liquidated damages under Section 15.7. If the franchisee requests additional assistance at any time, they will be responsible for Azal Coffee's trainer's per diem fee and related travel costs. The franchisee must also pay wages, employment related expenses, travel, and living expenses for their employees. If Azal Coffee, in their sole discretion, complete the opening assistance and training and determine that the franchisee's management staff needs additional training, the franchisee is responsible for the additional training costs, including wages, travel, and living expenses of Azal Coffee's staff. If the franchisee or any member of their team fails to complete the training program to Azal Coffee's satisfaction, in their sole and unfettered judgment, they may terminate the Agreement.
Azal Coffee will not be obligated to continue any specific ongoing training or advice they provide based on course of dealing or otherwise. They may discontinue or modify any ongoing training or advice at any time. Prospective franchisees should inquire about the specific criteria used to determine if additional training is needed, the estimated costs of such training, and the remedies available to Azal Coffee if the franchisee or their employees do not complete the training to their satisfaction.